(e) “Minister”
means the Minister determined under section 16 of the Government
Organization Act as the Minister responsible for this Act;

(f) “operator”
means a person who provides supportive living accommodation as described in
section 2;

(g) “supportive
living accommodation” means buildings or units in buildings that are intended
for permanent residential living where an operator also provides or arranges
for services in order to assist residents to live as independently as possible.

Application

2(1) This Act applies to supportive living accommodation
provided by an operator where

(a) the
supportive living accommodation is provided to 4 or more adults who are not
related to the operator,

(b) the
operator provides or arranges for services related to safety and security for
the persons referred to in clause (a) in accordance with the standards set out
or adopted in the regulations, and

(c) the
operator provides, offers or arranges for

(i) at
least one meal per day, or

(ii) housekeeping
services,

for
the persons referred to in clause (a).

(2) This Act does not apply to

(a) a
nursing home under the Nursing Homes Act,

(b) an
approved hospital or an auxiliary hospital under the Hospitals Act,

(c) a
hostel or other establishment operated to provide accommodation and maintenance
for unemployed or indigent persons, or

(d) a
class, type or category of supportive living accommodation designated as exempt
in accordance with the regulations.

2009 cS‑23.5 s2;2013 cS‑19.3
s25

Licence required

3(1) An operator must hold a subsisting licence for each location
at which the operator provides supportive living accommodation as set out in
section 2(1).

(2) An operator shall comply with the
conditions of the licence issued to the operator.

(3) Unless the director permits otherwise, an
operator shall post the licence issued to the operator in a prominent place in
the supportive living accommodation to which it pertains.

(4) If the director has given permission
under subsection (3) to dispense with posting a licence, the operator shall
keep the licence in a place in the supportive living accommodation to which it
pertains where it is available and accessible for viewing.

(5) A licence is not transferable.

Application for licence

4(1) Subject to subsection (2), a person may apply to the
director in accordance with the regulations for a licence or for the renewal of
a licence.

(2) A person who

(a) has
been refused a licence or a renewal of a licence under subsection (3)(b),

(b) has
had a licence cancelled under section 15(1), or

(c) has
failed to comply with a stop order issued under section 16(1),

is ineligible, for a
period of 2 years after the date of the refusal, cancellation or failure to
comply,

(d) to
apply for a licence or a renewal of a licence in respect of the supportive
living accommodation that was the subject of the refusal, cancellation or
failure to comply, and

(e) to
apply for a licence for a supportive living accommodation that has not
previously been licensed.

(3) Subject to the regulations, the director may, in
the director’s discretion, in respect of an application under subsection (1),

(a) issue
or renew a licence for a term of up to 3 years, with or without conditions, or

(b) refuse
to issue or to renew a licence.

(4) If the director refuses to issue or to renew a
licence, the director shall at that time provide to the applicant written
reasons for the refusal.

(5) The written reasons referred to in
subsection (4) must include information respecting the applicant’s right to appeal
the director’s refusal in accordance with section 20.

Designation of director

5(1) The Minister may designate a director for the purposes of
this Act.

(2) The director designated under subsection (1) may
delegate to any person any of the duties imposed or powers conferred on the
director under this Act, including the power to form an opinion.

(3) The
director has all the powers of an inspector, a complaints officer and an
investigator under this Act.

Inspectors

6 The Minister may designate one or more
persons as inspectors for the purposes of this Act.

Inspections

7(1) Subject
to subsection (2), at the request of the director, for the purposes of ensuring compliance with this Act, the
regulations, an order issued under this Act or a condition of a licence, an
inspector may, with the permission of the operator of a supportive living
accommodation,

(a) at
any reasonable hour enter the supportive living accommodation and inspect that
supportive living accommodation;

(b) require
the production of any books, records or other documents in respect of the
supportive living accommodation or place and examine them, make copies of them
or remove them temporarily for the purpose of making copies;

(c) inspect
and take samples of any material, food or equipment being used in the
supportive living accommodation;

(d) perform
tests, take photographs or make recordings in respect of the supportive living
accommodation;

(e) interview
the operator of the supportive living accommodation with respect to matters relevant
to the inspection.

(2) An inspector may enter the
supportive living accommodation of a particular resident only with the
permission of that resident or that resident’s legal representative.

(3) An inspector may interview employees
and residents of the supportive living accommodation, relatives of residents,
legal representatives of residents and any other person who may have
information relevant to the inspection.

(4) When an inspector removes any books, records or
other documents under subsection (1)(b), the inspector shall

(a) give
a receipt for those items to the person from whom those items were taken, and

(b) forthwith
return the items to the person from whom they were taken when they have served
the purposes for which they were taken.

(5) When an inspector takes samples of any material,
food or equipment under subsection (1)(c), the inspector shall

(a) give
a receipt for those items to the person from whom those items were taken, and

(b) on
that person’s request, return those items to that person when those items have
served the purposes for which they were taken.

(6) An operator shall provide on request
a complete list of names and contact information of residents of the supportive
living accommodation, including the names and contact information of each
resident’s legal representative, if any, to the inspector.

(7) If permission is refused or cannot be reasonably
obtained under subsection (1) or if anyone prevents an inspector from
exercising powers under subsection (1) or obstructs or hinders the inspector in
the exercise of those powers, a judge of the Court of Queen’s Bench may on the
application of the inspector make any order that the judge considers necessary
to permit the inspector to conduct an inspection or exercise those powers.

(8) An application under subsection (7) may be made
ex parte if the Court considers it appropriate in the circumstances.

(9) The inspector shall inform the
operator and the director of the results of an inspection of the operator’s
supportive living accommodation.

Order after inspection

8(1) Where, after a supportive living accommodation has been
inspected, the director is of the opinion that this Act, the regulations, an
order issued under this Act or a condition of a licence is not being complied
with, the director may in writing

(a) order
the operator of the supportive living accommodation to take the measures
specified in the order within the time limits specified in the order,

(b) issue
a stop order in accordance with section 16, or

(c) cancel
the licence issued to the operator in respect of that supportive living
accommodation in accordance with section 15.

(2) The director may direct that an order issued
under subsection (1)(a) be posted in a prominent place in the supportive living
accommodation.

Complaints officers

9(1) The
Minister may designate one or more persons as complaints officers for the
purposes of this Act.

(2) For the purposes of section 10(2)(a), a
complaints officer has all the powers of an inspector or an investigator under
this Act.

Complaints

10(1) A person who has reason to believe that an operator has
failed to comply with this Act, the regulations, an order issued under this Act
or a condition of a licence may make a complaint to a complaints officer in the
manner determined by the director.

(2) A complaints officer shall

(a) review
any complaint received under subsection (1) to decide whether an investigation
of the complaint is necessary, and for that purpose may

(i) make
inquiries, and

(ii) take
any other action the complaints officer considers appropriate in the
circumstances, including, without limitation, attempting to resolve the
complaint through mediation or conciliation and notifying the director of an
offence under this Act,

and

(b) if
the complaints officer decides that an investigation of the complaint is
necessary, refer the complaint to an investigator.

(3) A complaints officer may refuse to refer a
complaint to an investigator if

(a) the
complaints officer considers the complaint to be frivolous or vexatious, or

(b) the
complaints officer has resolved the complaint under subsection (2)(a)(ii).

(4) A complaints officer shall inform the
complainant, if the identity of the complainant is known, and any other person
the complaints officer considers appropriate of a decision made under
subsection (3).

(5) The decision of a complaints officer under
subsection (3) may be appealed to the director in accordance with the
regulations.

Investigators

11 The Minister may designate one or more persons
as investigators for the purposes of this Act.

Investigations

12(1) When a
complaint is referred to an investigator under section 10(2)(b), the
investigator, for the purposes of investigating the complaint, has all the
powers of an inspector under section 7 in addition to the powers set out in
section 13.

(2) An investigator shall inform the operator and
the director of the results of an investigation of the operator’s supportive
living accommodation.

(3) The director shall notify the complainant, if
the identity of the complainant is known, the operator of the supportive living
accommodation and any other person the director considers appropriate of the
results of an investigation of the supportive living accommodation, including
whether the complaint was founded or not founded.

(4) Where, after a supportive living
accommodation has been investigated, the director is of the opinion that this
Act, the regulations, an order issued under this Act or a condition of a
licence is not being complied with, the director may in writing

(a) order
the operator of the supportive living accommodation to take the measures
specified in the order within the time limits specified in the order,

(b) issue
a stop order in accordance with section 16, or

(c) cancel
the licence issued to the operator in respect of that supportive living
accommodation in accordance with section 15.

(5) The director may direct that an
order issued under subsection (4)(a) be posted in a prominent place in the
supportive living accommodation.

Collection, use and disclosure of
information

13(1) An
investigator or an inspector

(a) may
collect and use personal information for the purposes of conducting an
investigation or an inspection, and

(b) shall
not disclose any personal information collected under this section except as
provided in this section.

(2) An investigator or an inspector may use or
disclose personal information

(a) if
the use or disclosure is necessary for the purposes of section 7 or 12,
including making an application to the Court under section 7(6), or

(b) if
the disclosure is authorized or required under the Freedom of Information
and Protection of Privacy Act or another enactment.

Notification of authorities

14(1) If the
director reasonably believes that the subject‑matter of a complaint could
constitute

(a) an
offence under the Criminal Code (Canada), the director shall refer the
complaint to a police service,

(b) abuse
against a person under the Protection for Persons in Care Act, the
director shall refer the complaint to the Minister responsible for that Act, or

(c) an
offence under a statute or regulation of Alberta, the director shall refer the
complaint to the Minister of Justice and Solicitor General.

(2) The director may, when referring a complaint under
subsection (1), disclose information that the director reasonably believes
relates to the possible offence or abuse.

2009 cS‑23.5 s14;2013 c10 s34

Cancellation of licence

15(1) When
the director is of the opinion, as the result of an inspection or investigation,
that an operator has not complied with

(a) this
Act or the regulations,

(b) a
condition of a licence, or

(c) an
order issued under section 8 or 12,

the director may, on 45 days’
notice in writing to the operator, cancel the licence in respect of that
supportive living accommodation.

(2) A notice to an operator under subsection (1)
must inform the operator of the right to appeal the cancellation in accordance
with section 20.

(3) When a notice has been given under subsection
(1), the director shall post a notice of the cancellation of the licence in a
prominent place in the supportive living accommodation.

Issue of stop order

16(1) If the
director is of the opinion as the result of an inspection or investigation that
an operator has contravened or is contravening this Act, a regulation, a
condition of a licence or an order issued under this Act, the director may
issue a stop order to the operator in accordance with subsection (2).

(2) In a stop order the director may require that
the operator to whom it is directed do one or more of the following, either
permanently or for a specified period:

(a) cease
the contravention specified in the stop order;

(b) stop
any activity occurring at a supportive living accommodation specified in the
stop order;

(c) stop
operating the supportive living accommodation specified in the stop order.

(3) A stop order must contain the reasons for
making it.

(4) Not more than 48 hours after issuing a stop
order, the director shall cause a copy of it to be served on the operator to
whom it is directed, and on receipt of the copy, the operator to whom the stop
order is directed shall comply with the order forthwith.

(5) An operator to whom a stop order is directed
who fails to comply with the stop order forthwith on service of a copy of it on
the operator or subsequently is guilty of an offence and liable to a fine in
accordance with section 22.

(6) A stop order served on an operator under this
section must inform the operator of the right to appeal the stop order in
accordance with section 18.

(7) When a stop order has been issued to an
operator, the director shall post the stop order in a prominent place in the
supportive living accommodation.

Court order

17(1) If the
operator to whom a stop order is directed fails to comply with the stop order
forthwith on service of a copy of it on the operator or subsequently, the
director may, notwithstanding that the operator has filed an application under
section 18, apply to the Court of Queen’s Bench for an order of the Court
directing

(a) the
operator to comply with the stop order,

(b) any
peace officer to assist the director and other persons referred to in
subsection (2)(b) in enforcing their powers and performing their duties under
subsection (2)(b), and

(c) any
other relief in respect of matters coming under this Act that the Court
considers appropriate in the circumstances.

(2) If the operator to whom a stop order is
directed fails to comply with the stop order forthwith on service of a copy of
the order of the Court of Queen’s Bench under subsection (1) on the operator or
subsequently,

(a) the
failure to comply with the stop order may be dealt with by the Court as a civil
contempt of the Court,

(b) any
person authorized by the director for the purpose and any other persons
assisting that person may, without further permission of the Court and without
incurring liability for it, enter the supportive living accommodation and take
any actions that are necessary to carry out the stop order, and

(c) the
director may recover by action any expenses incurred under clause (b) in
carrying out the stop order from the operator to whom the stop order is
directed.

2009 cS‑23.5 s17;2014 c13 s49

Appeal

18(1) An
operator to whom a stop order is directed may appeal to the Court of Queen’s
Bench by

(a) filing
an application with the clerk of the Court, and

(b) serving
a copy of the application on the director,

within 15 days from the date on
which a copy of the stop order was served on the operator.

(2) A stop order remains in effect unless the Court
orders that it be stayed pending the disposition of the appeal.

(3) A judge of the Court of Queen’s Bench may
extend the time for filing or service under subsection (1).

(4) On an appeal under this section, the Court of Queen’s
Bench

(a) shall
inquire into all matters leading to the issuing of the stop order,

(b) shall
determine whether, in its opinion, there were sufficient grounds for the
issuing of the stop order,

(c) shall
confirm, vary or revoke the stop order, and

(d) may
make any other order in respect of matters coming under this Act that the Court
considers appropriate in the circumstances, including issuing an order under
section 17(1).

(5) This section and section 17 apply to a stop
order issued under section 16 whether or not the contravention of this Act or
the regulation or order concerned constitutes an offence and whether or not a
conviction has been adjudged for the offence.

Notification

19(1) On
receiving a copy of a stop order under section 16 or a notice cancelling a
licence under section 15(1), the operator shall forthwith provide to the
director a list of

(a) the
names and contact information of residents in the supportive living
accommodation, and

(b) the
names and contact information of the legal representatives, if any, of the
residents in the supportive living accommodation.

(2) On receiving the list referred to in subsection
(1), the director shall notify in writing the persons on the list respecting
the cancellation or stop order, as the case may be.

Appeal

20(1) A
person

(a) who
has been refused a licence or renewal of a licence under section 4(3), or

(b) whose
licence has been cancelled,

may appeal the refusal or
cancellation by serving the Minister with a notice of appeal in the prescribed
form within 15 days after being notified in writing of the refusal or
cancellation.

(2) The Minister shall, within 30 days after being
served with the notice of appeal, appoint an appeal panel consisting of 3
individuals to hear the appeal.

(3) The Minister shall designate one of the members
of the appeal panel as chair.

(4) The Minister may set the time within which the
appeal panel is to hear an appeal and render a decision and the Minister may
extend that time.

(5) An appeal panel that hears an appeal under this
section may by order

(a) confirm
the refusal or cancellation,

(b) direct
that a licence or renewal of a licence be issued, or

(c) reinstate
a cancelled licence.

(6) Members of the appeal panel who are not
employees of the Government may be paid remuneration, and may receive
reasonable travelling and living expenses while away from their ordinary places
of residence in the course of their duties as members of the appeal panel, at
the rates prescribed by the Minister.

(7) A decision of the appeal panel under this
section is final and binding and may not be appealed.

Service of notice or order

21 When an order is issued under section 8
or 12, a notice is given under section 15(1) or an order is issued by an appeal
panel under section 20, that order or notice, as the case may be, may be served

(a) by
personal service,

(b) by
any form of mail that requires a receipt in acknowledgment of delivery if the
post office receipt is signed by the person to whom the notice or order is directed
or by a person on behalf of that person, or

(c) in any
manner that may be directed by the Court.

Offences

22(1) A person who contravenes this Act or the
regulations or fails to comply with an order issued under this Act or the
regulations is guilty of an offence and liable to a fine of not more than
$100 000 and, in the case of a continuing offence, to a further fine of
not more than $1000 per day for each day or part of a day that the
contravention or failure to comply continues after the first day.

(2) No prosecution may be commenced under this
section later than 2 years following the date on which the subject‑matter
of the prosecution first came to the knowledge of the Minister.

Protection from liability

23 No action lies against the Minister, the
director, a complaints officer, an investigator or an inspector, or anyone
acting under the authority of any of them, for anything done or omitted to be
done in good faith in exercising powers or authority or carrying out duties,
responsibilities or functions under this Act.

Regulations

24(1) The
Lieutenant Governor in Council may make regulations

(a) designating
classes, types or categories of supportive living accommodation as exempt from
some or all of the provisions of this Act;

(b) establishing
criteria for the exemption of a class, type or category of supportive living
accommodation for the purposes of clause (a);

(c) respecting
any other matter that the Lieutenant Governor in Council considers necessary to
carry out the intent of this Act.

(2) The Minister may make regulations

(a) governing
the licensing of supportive living accommodations, including, without
limitation, the information that must appear on the licence, the application
process and other requirements;

(b) respecting
the operation of supportive living accommodations;

(c) respecting
standards, including the adoption of applicable standards made by another
authority, for supportive living accommodations;

(d) respecting
the establishment of alternative standards for a class, type or category of
supportive living accommodation, including the circumstances in which
alternative standards may be appropriate, whether the alternative standards
apply temporarily or permanently, and the process by which an operator may be
authorized to comply with the alternative standards;

(e) respecting
records and other documents that an operator is required to create and maintain
for the purposes of this Act;

(f) respecting
providing information to the public regarding the status of supportive living
accommodations that are subject to this Act;

(g) respecting
the employment of persons in supportive living accommodations and the
qualifications that must be met by those persons;

(h) respecting
the procedure for an appeal from the decision of a complaints officer under
section 10(3);

(i) prescribing
forms for the purposes of this Act;

(j) repealed
2013 cS‑19.3 s25;

(k) defining
terms used but not defined in this Act.

2009 cS‑23.5 s24;2013 cS‑19.3
s25

25 Repealed
2013 cS‑19.3 s25.

26(This section amends other Acts; the
amendments have been incorporated into those Acts.)